, 1887-06-03
THE FENCE QUESTION.
A Supplemental Charge to the
n Grand Jury.
The Subject Ably Presented BY
Chief Iustice Maginnis.

government land, they were called into
open court yesterday morning, at 10
o'clock, whereupon Chief Justice Ma
ginnis proceeded to instruct them, as
follows.
Genaemen Of the Grand Jury:-You
district. as I stated to you before you en-
tered upon your lsbors, as the representa-
tivcs of the people-of the law abiding
class of your fellow citizens. You were
sworn to investigate matters which were
brought before you, and true presentment
make without fear or favor. Your inves
LEGATIONS, as | have reason to believe,
have thus far been exceptionally thor
ough, but it devolves upon the court as
one of the duties of the court, to Call
your attention particularly and emphati
cally to one matter which seems to have
been overlooked by you. You are here as
the conservators of peace and good order.
1t is your duty il it comes to your knowl-
edge, or Is brought to o attention
through the proper channels, to %investi-
gate as to whether the law has been
broken; and if you find that it has. it is
your sworn and bounden duty, as you are
true and honest men, to return an indict-
found by you to have violated the law.
Through your representatives in congress,
and in the legislature, you have enacted
the laws. The courts must deal with the
question as to whether those laws are
constitutional aud properly enacted, and
you are to investigate as to whether there
has been q violation of those laws.
Neither body can infringe upon the rights
and the duties of the others with dealing
a serious blow to the liberty of the people
and the perpetuity of their institutions.
1t has been brought to my attention that
in this district there is an open. notori-
GUS, fragrant, and continuous viola
ton of the law of the land. A violation
20 fragrant that 1t has been deemed neces-
sary by the authorities whose duty it is to
see hat the laws are enforced to call upon
the military arm ofthe government to en-
force them. Such a state of affairs is dis
graceful in the extreme. It is a stain
upon the reputation of the community.
1t conveys the impression toshe world at
large that this community has ceased to
be law abiding; that the courts of Justice
are powerless to enforce the law; that the
grand juries made up from the body of the
people, upon which all classes and condi-
tons of our people have a representation,
have no regard for the s%anctity OF their
oaths and that they have undertaken to
set aside and nullify the laE of the land.
This is the impression that has gone out
over the country; and, gentlemen of the
grand jury, it is in your power to show
what l honestly and sincerely believe to
be the fact-that the people of this dis
trict are willing and able to deal with any
and all violations of the law, and what
ever may be your private opinions as t
the ACCESSIBILITY or legality of tie law, you
are prepared to do what you have sworn
YOU would do, that is. investigate as to
whether such law has been violated; and
# it has, bring in an indictment against
the person VIC ating 1t.
Feb. rs. 1885, congress passed an act
saying: That all enclosures of any pub
lie lands in any state or territory of the
Unitee States, heretofore or to be hereafter
made. erected, or constructed by any per-
son, party, association or corporation to
any which land included within the en-
closure, the person, party, ASSOCIATION or
corporation making or control
ling the enclosure had no claim
or color of title made or acquired
in good faith or any asserted right there
to, by or under claim made in good faith
with a view to entry thereof at the proper
land Office under the general laws of the
United States at the time any such enclos.
ure was or shall be made, are hereby de-
clared to be unlawful, and the maiuten
ance, erection, construction or control of
any such enclosure is hereby forbidden
and prohibited; and the assertion of a
right to the exclusive use and occupancy
OF any part of the public lands of the
United States in any state or any of the
territories of the United States, without
claim, color OF title, or asserted right as
above specified as to enclosure, is likewise
declared unlawful and hereby prohibited.
n " That no person by force, threats,
intimidation, or by any fencing or enclos.
ing or by ally other unlawful means, shall
prevent or obstruct, or shall combine and
confederate with others to prevent or OBJ
struct, any person from peaceably enter
ing upon or establishing a settlement or
residence upon any tract Of public land
subject to settlement or entry under the
public land laws of the United States, or
shall prevent or obstruct free passage or
transit over or through the public lands"
Common rumor has it that this law is
is openly and VIGOROUSLY violated. 1t
seems hardly necessary for me to explain
to you what this law means. The Ian